Although a man claimed to have had no memory of shooting his ex-wife, due to being under the influence of Ambien and alcohol at the time, he pleaded guilty and has been sentenced to 30 years in prison, as reported by the Daily Leader from Southwest Mississippi.
C.N., 32, was headed to trial when he entered an Alford plea, also know as a "best interest" guilty plea that essentially means that the defendant maintains his innocence but acknowledges that the prosecutors have enough evidence against him to get him convicted.
The charges against C.N. included aggravated domestic violence and burglary of a dwelling.
On November 5, 2011, authorities stated that C.N. committed burglary of a dwelling when he broke into the home of his former wife, J.D. Once he gained entry he shot J.D. and allegedly shot himself in the stomach. His weapon was a Winchester 12-gauge shotgun.
The former couple have two children – both were home at the time of the shooting and their boy, G.N., witnessed it.
Referring to his father as "Charlie", G.N. told police, "He is not a daddy anymore. He chose his drugs and beer over me."
Before the sentencing J.N. told the court to put her ex-husband in prison to keep him away from her children for a long time.
Just before she was shot J.N. recalled the "barrel of the shotgun was about 2 feet from my head." Afterwards she said that she just "laid on the floor waiting to die."
Since the shooting J.N. has endured seven surgeries, with an eighth scheduled, to repair her now deformed left arm. She explained to the court that she "will never be able to clap for my kids for a job well done."
C.N. and J.N. were in a relationship for a total of 15 years. They were married for four of those years and divorced approximately thee months prior to the shooting.
Character witnesses for C.N. included his aunt, G.S. and a former co-worker. G.S. told the court, "Before two years ago, you couldn't find a better man. I believe with all my heart Charlie will never go down that road again."
Prior to C.N.'s plea his attorney, Joe Fernald, was working to have his client declared incompetent to stand trial – because, Fernald argued, the combination of alcohol and Ambien in C.N.'s system caused him to have no memory of the shooting.
However Lincoln County Circuit Court Judge Michael Taylor ruled against Fernald's argument and found C.N. fit for trial.
Fernald said that the plea occurred as the time limit the prosecutor had given for C.N. to accept it was coming to a close, and his client preferred not to see his son or former wife testifying in court.
C.N. was sentenced for a total of 45 years and 15 were suspended. Of the remaining 30 years C.N. is serving 20 for aggravated domestic assault and 10 for the burglary. Along with the prison sentence, C.N. has been order ed to pay fines, restitution and to have no further contact with his ex-wife during his prison time or probation.
If you have been a victim of domestic violence, contact a family law attorney right away to before your situation escalates any further.